United States v. David Alan Duarte
This text of 469 F.2d 90 (United States v. David Alan Duarte) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment of conviction in this selective service case is affirmed.
We find that the board clerk in ordering defendant to report for induction did not usurp the function of the board. The board was entitled to proceed pursuant to Local Board Memorandum No. 106. When Duarte’s notice to report for a pre-induction physical examination went out, it was accompanied by a notice that failure to report would result in a notice to report for induction. The first notice clearly was a board act. The clerk later followed through in a ministerial way. Hence the clerk did not supersede the board. See United States v. Shunk, 438 F.2d 1204 (9 Cir. 1971).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
469 F.2d 90, 1972 U.S. App. LEXIS 7508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-david-alan-duarte-ca9-1972.